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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these cases the defendant is usually the one who is at fault. The plaintiff is usually the victim. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury lawsuit the judge gives them money to pay for damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are costs that can be categorized and are measurable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment, are more difficult to quantify. Keeping a journal detailing the way your injuries have affected you you can help improve your chances of obtaining the most money for damages that are not economic. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to perform things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is particularly true when a person or business commits reckless negligence, fraud, and criminal motives. The court may also give punitive damages to discourage others from committing the same way. After a lawsuit has been filed, the defendants will receive a summons and complaint. They will then be required to respond, also known as an answer within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This is where you will find the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to collect damages. It is crucial to speak with an attorney for personal injuries as soon as possible even if you're unsure certain whether the incident occurred within the deadline. A statute of limitation is a law in a state that provides a time frame for filing lawsuits. In the majority of states the statute of limitations runs with the date of the accident or incident which caused your injuries. The deadline to file a lawsuit for personal injury is dependent on the person you are suing. If you want to sue an entity of municipal government (such as a county or city) the deadline is shorter. In addition there are certain circumstances which could change the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or reasonably should have known that your injuries are due to negligence. In some cases minors are exempt from the statute of limitations. If you file a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and ask that your lawsuit be dismissed. If this occurs, the court will dismiss your claim on the spot without hearing. This is why it's important to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document that is filed by a party who asserts a cause of action and demands judicial relief. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. In the majority of cases, personal injury claims are based on actual bodily harm. Your lawyer will ensure that you get paid for medical bills currently incurred as well as any future expenses. These expenses include medications as well as home care and physical therapy. You can also claim for any loss in quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damage is referred to as pain and suffering. The court will call an initial conference once the complaint has been filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. Your lawyer will then prepare a Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life as well as any other non-monetary damages that you are seeking. If the case is deemed to have probable cause the case will be scheduled for public hearing. If your complaint is rejected due to a finding of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. Baton Rouge injury attorney files the complaint with a court and sends a copy of the document to the defendant through registered or certified mail within a certain timeframe. The defendant has to respond or risk default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries suffered by you in greater specific detail. It may include photographs of your injuries, medical bills, and lost wages. The document also includes information about the incident and how you believe the defendant is accountable for the damage. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and inspect the evidence of the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, so your attorney plays a significant role in negotiations during this stage. Your lawyer may also request that you are examined by a physician they select in relation to the damages or injuries you're claiming. If you don't attend, the judge could dismiss your case or order that you pay the defendant for the costs of their examination. After discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then decide the trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is liable, the jury will award you damages. If the defendant isn't accountable, the jury will deny your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. In addition, lawsuits may also be filed to address physical injuries, such as pain and suffering and loss of companionship. Your lawyer will conduct a thorough investigation on the accident during the beginning stages of the case to determine the precise cause and the extent of your injuries. Then, he will work with the insurance company. Your attorney will stay in touch with you on any significant developments and will also negotiate throughout the process. After negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A Complaint, the first official document filed in a civil suit, lists all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be delivered physically to the defendant. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. During this time, your lawyer can provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will then reply to these documents and then the two sides will start further negotiations. If the parties are not able to reach a settlement the mediation or arbitration process could be required prior to your case is put to trial. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any company that have liens on your award from a specific money escrow before distributing an actual check.